Income verification works when the criterion is a number, the accepted evidence is a list, and both are written down before the first application. Under Texas Property Code §92.3515 “current income” is one of the grounds a landlord may name in the selection criteria; the criteria are made available with the application and acknowledged in writing. The fair housing statutes shape the rest: the same threshold for everyone, all lawful sources counted, and no proxy for a protected class in what is accepted (Property Code Chapter 301). Source of income is not a protected class in Texas, and Local Government Code §250.007 bars cities from requiring voucher acceptance except as to veterans — but once a policy is written it must be applied identically.
Writing the criterion
| Component | Example | Note |
|---|---|---|
| Threshold | Combined gross monthly income of at least 2.5× the rent | One multiple for all applicants; state whether combined across co-applicants |
| Sources counted | Wages, self-employment, retirement, disability and other benefits, child support, alimony, investment income, housing assistance where accepted | All lawful sources; do not count differently by source |
| Evidence accepted | Two most recent pay stubs; offer letter with start date; last tax return for self-employment; benefit award letters; three months of bank statements | A list, applied the same way to everyone |
| Verification method | Employer contact through a published number; document review | Record who was called and when |
| Alternatives | Co-signer meeting a stated multiple; larger deposit if the criteria allow and applied uniformly | State them in advance |
Applying it
- Compute the same figure for every applicant: gross, monthly, all sources, before comparing with the threshold.
- Verify at least one source directly; note the date and contact.
- Where income is irregular (self-employment, commission), use the stated evidence (a tax return, twelve months of statements) rather than an impression.
- Where a voucher pays part of the rent, decide in writing whether the threshold applies to the tenant’s share — and apply that decision to all voucher holders.
- Record the result against the criterion; if income fails and a consumer report also contributed, send the adverse action notice (FTC).
Where it goes wrong
Different multiples for different applicants; discounting benefit income; refusing a lawful source because of its origin; and asking about income sources that reveal a protected class — disability benefits are income, not a question about disability. Keep the file to the number and the documents.
Frequently asked questions
Can a Texas landlord set an income requirement?
Yes — current income is a lawful selection criterion under §92.3515, provided it is written, made available with the application and applied to everyone (Property Code §92.3515).
Must benefit income be counted?
All lawful income should be counted on the same basis; treating disability or retirement benefits differently from wages risks a fair housing claim (Property Code Chapter 301).
Must a Texas landlord accept housing vouchers?
State law bars cities from requiring it except as to veterans (Local Government Code §250.007); a landlord’s written policy, applied uniformly, governs.
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas Property Code, Chapter 301 — Texas Fair Housing Act ↗
- FTC — Using consumer reports: what landlords need to know ↗
- Texas State Law Library — Housing discrimination ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.